Morales v. L. W. Blinn Lumber Co.

CRAIG, Acting P. J.,

Dissenting. — I dissent. Where a new trial is granted for alleged insufficiency of evidence, unless it clearly appears that there was an abuse of discretion it is the rule that on appeal the order will not be disturbed. (Sawyer v. McRoskey, 32 Cal. App. 489 [163 Pac. 336]; Puget Sound Lumber Co. v. Krug, 89 Cal. 237 [26 Pac. 902]; Schramm v. Southern Pacific Co., 87 Cal. 425 [25 Pac. 481].) "To withhold a case from the jury is no greater interference than to set aside their verdict." (Bohn v. Pacific Electric R. Co., 5 Cal. App. 622 [91 Pac. 115]; Lynch v. Pacific Electric…